By Euan Dow on 24/10/2007 13:30
Reparation - Debate:- In this action the pursuer sought damages for injuries sustained by her son who was born in October 1999. It was averred that the obstetrician in charge of her antenatal care failed at an early stage to take the proper course namley that on three distinct occasions resort she should have had a caesarean section that would have produced a healthy child and due to the normal delivery that was undertaken the result was shoulder dystocia, deprivation of oxygen and resultant inj ...
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By Euan Dow on 24/10/2007 13:27
Reparation - Proof:- In this action the pursuer sought damages following an accident on 28 October 2004 when he was knocked off his bicyle by the driver of a minibus who worked for the defenders. The outcome of the case turned on who was ahead at the junction where the accident took place. It was the pursuer's position in evidence that he was ahead of the bus and, when he reached the junction, saw nothing coming and went round to his left. The pursuer said that the bus followed him, tried to ove ...
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By Euan Dow on 24/10/2007 11:29
Reparation - Allowance of Issues:- In this action the pursuer sought damages following an accident at work in April 2004 when the pursuer sustained serious injuries to his right leg when he fell through a gap in a walkway in the course of his employment with the defenders. The defenders conceded liability to the pursuer but also sought relief against a third party. The action was based on allegations of both common law fault and breach of statutory duty. Here the pursuer sought allowance of issu ...
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By Stephen Moore on 18/10/2007 12:31
Damages - Solatuim - Neck and Back injuries The Pursuer was injured in a road traffic accident when his stationery vehicle was struck from behind by the Defender’s vehicle. The Pursuer raised an action for damages. Liability was not in dispute and the proof was restricted to quantum. The Pursuer felt pain and stiffness in his neck and discomfort in his back following the accident. He suffered moderate neck pain for about two months but this gradually resolved. The Pursuer experienced continuou ...
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By Euan Dow on 11/10/2007 09:14
Proof - Reparation:- The pursuer, a 67 year old man, formerly worked as a welder. At various stages during the course of his working life he worked as a welder for the three defenders. Since retiring from his employment the pursuer was diagnosed with a serious form of interstitial lung disease. It was the pursuer's case that he suffered from asbestosis as a direct result of exposure to asbestos during his employment with the defenders. The pursuer also claimed that he had pleural plaques. The de ...
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By Euan Dow on 11/10/2007 07:09
Debate - Copyright, Designs and Patents Act 1988:- In this action the pursuers sought interedict and damages in respect of the playing of music at Kwik-Fit service centres all over the country, that was said, constituted the "playing" or "performance" of such works "in public" for the purposes of section 16 of the Copyright, Designs and Patents Act 1988 and such alleged long term infringement rendered the defenders guilty of copyright infringement either directly or through others authorised by ...
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By Euan Dow on 27/09/2007 10:28
Reparation - Debate:- The defenders enrolled the following motion:- "On behalf of the defenders, to grant decree of dismissal and award the expenses of the process in favour of the defenders on account of the pursuer's inordinate delay in pursuing the action". The motion was opposed, and a debate took place. It was submitted on behalf of the defenders that there was inordinate and inexcusable delay, with an added element of unfairness to the defenders specific to the particular facts of the case ...
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By Euan Dow on 09/03/2006 00:00
Civil Proof
Employee attacked in course of employment - duty of care - safe working system?:-On 23 June 2003 the pursuer's allocated jobs included the repair of a television in a private house at 36 Lochend Street, Easterhouse, Glasgow. Easterhouse was an area with which the pursuer was very familiar, and in which he had carried out many such jobs in the past. After attending at around 10am, he completed the job and emerged from the close to where his van was parked outside. He placed his toolbox on the pav ...
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